Excerpt: ... writ of mandate because he has a fundamental vested right to an industrial disability retirement if in fact he was disabled in 2017 when he stopped working for respondent. (See Beckley v. Board of Administration (2013) 222 Cal.App.4th 691, 697.) "[I]n exercising its independent judgment, a trial court must afford a strong presumption of correctness concerning the administrative findings, and the party challenging the administrative decision bear...

Excerpt: ...rst amended complaint alleges that during the period of plaintiff's decedent's residence at the Jewish Home, Defendants, despite their knowledge that decedent was confined to a wheelchair and was at high risk for developing a skin condition, did not turn or reposition her, even at night, resulting in her developing serious pressure ulcers or bedsores and severe pain. (FAC 14‐20.) Those allegations are sufficient to allege elder abuse, which is ...

Excerpt: ...judication on the retaliation cause of action is denied and its motion for summary adjudication on the defamation cause of action is granted. Plaintiff may be able to establish the retaliation claim. (See Ross v. County of Riverside (2019) 36 Cal.App.5th 580, 591‐593 [court erred in granting summary judgment on retaliation claim where district attorney disclosed reasonably based suspicions of illegal activity in connection with questionable hom...

Excerpt: ...plaint is granted. 777 Plumbing's cross‐complaint is time‐barred under Code of Civil Procedure, § 340.6. The undisputed evidence demonstrates that 777 Plumbing discovered or should have discovered Kithas' alleged wrongful act or omission in August 2017 when it entered into the settlement agreement that obligated it to pay fees and costs after it lost on summary judgment. (Kithas UMF 3‐5.) 777 Plumbing sustained actual injury at that time. ...

Excerpt: ...rth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c)(1)....

Excerpt: ...orth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the sti...

Excerpt: ...The alleged extortion occurred during the litigation process (Mr. Schuldner's deposition). Petitioning activity "includes qualifying acts committed by attorneys in representing clients in litigation." (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056; see also Contreras v. Dowling (2016) 5 Cal.App.5th 394, 409 ["'all communicative acts performed by attorneys as part of their representation of a client in a judicial proceeding or other petitioning co...

Excerpt: ...t the claim. (Compl. 14, 18; see Shade Foods v. Innovative Products Sales & Marketing, Inc. (2000) 78 Cal.App.4th 847, 879-880 ["Among the most critical factors bearing on the insurer's good faith is the adequacy of its investigation of the claim. '[T]he covenant of good faith and fair dealing implied in all insurance agreements entails a duty to investigate properly submitted claims.' . . . . [] An unreasonable failure to investigate amounting t...

Excerpt: ...entative Ruling Only) Second, even if the alleged fraud applies solely to the delegation clause, plaintiff does not make a sufficient offer of proof to warrant time-consuming discovery. Plaintiff's declaration asserts that defendants falsely told her that arbitration was more amicable and efficient. Plaintiff mischaracterizes the alleged misrepresentation. The agreement provides that "It is the intent of Optum360 that legal disputes be resolved a...

Excerpt: ...et forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c...

Excerpt: ...n's summary judgment motion is thus ordered off calendar as moot. Plaintiff cannot establish that Mott's engaged in unlawful conduct or was unjustly enriched, because Mott's conduct was legal as a matter of law. Plaintiff alleges that the true statement "No Sugar Added" on Mott's 100% Apple Juice's label violates 21 CFR 101.60(c)(2)(iv). (SAC 11; hereafter in this order all regulatory citations are to 21 CFR and all internal citations and quote m...

Excerpt: ...tures, Llc. Defendants Niraj Mehta and Fifth Set Ventures, LLC's (FSV) petition to compel arbitration and motion to stay proceedings are granted. The disputes and claims pled by the complaint arise and/or result from the purchase of a house. The purchase agreement (Cmplt. Ex. A) has an arbitration clause: "any dispute or claim In Law or equity arising between them out of this Agreement or any resulting transaction?shall be decided by neutral bind...

Excerpt: ...ling part 1 of 2) Plaintiff's motion to quash deposition subpoenas for production of business records and/or for protective order is granted in part. Plaintiff's motion for sanctions is granted in the amount of $1,700. Defendant's motion for sanctions is denied. This lawsuit arises out of an incident that occurred on July 9, 2018, when Plaintiff was arrested by the San Francisco Police Department for allegedly refusing to follow orders to vacate ...

Excerpt: ...achen, making him a former client. (See Koo v. Rubio's Restaurants, Inc. (2003) 109 Cal.App.4th 719, 728 ["Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the party seeking the attorney's disqualification was or is 'represented' by the attorney in a manner giving rise to an attorney‐...

Excerpt: ...f action against Defendant Richard Moore for intentional interference with contractual relations and negligent interference with prospective economic relations in connection with Plaintiff's distribution and cooperation agreement with TG Digesters, Inc., a Canadian corporation. Those tort claims arose out of Moore's actions in negotiating a contract between Plaintiff and the Hyatt Centric Fisherman's Wharf Hotel. Plaintiff alleged that Moore was ...

Excerpt: ...mbarcadero Dentistry, a California corporation," is granted. The claim for punitive damages is improper, as this is an action for damages arising out of the alleged professional negligence of a health care provider and Plaintiff did not seek an order under Code of Civil Procedure section 425.13 allowing the filing of an amended pleading that includes a claim for punitive damages. Contrary to Plaintiff's argument, section 425.13 is not inapplicabl...

Excerpt: ... of 2) Petitioners' motion to set aside judgments is denied. Although Petitioners' motion is plainly frivolous, solely to avoid further burden on the Court and the parties, Respondents' request that the Court issue an OSC re contempt is denied. A trial court's power to grant such relief is governed by jurisdictional statutory limits. Motions to set aside a judgment must comply with the procedural requirements of Code of Civ. Proc. §§ 663 and 66...

Excerpt: ...Only Part 2 Of 2) Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for the City and County of San Francisco is required to prepare a proposed order which repeats verbatim the substan...

Excerpt: ..., 641‐642 [independent contractor's hirer maintained summary judgment burden based on the Privette presumption, which establishes a presumption that the hirer delegated the duty to provide a safe work environment to the hired contractor]. However, Plaintiff demonstrates a triable issue of material fact regarding whether Nibbi's direct negligence affirmatively contributed to her injury. (See Hooker v. Department of Transportation (2002) 27 Cal.4...

Excerpt: ...alleges that "a runaway, unoccupied, car that all the defendants were trying to tow ran over and killed plaintiffs' decedent." (Defs.' Yaco and Yaqo's Demurrer 2: 6-7.) These allegations are sufficient to state a cause of action for both motor vehicle and general negligence. "To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's p...

Excerpt: ...there is no proof that plaintiff's main target for relief (Allstate Insurance Company) has been served with the complaint or this motion. (See Code Civ. Proc. § 527(a) ["No preliminary injunction shall be granted without notice to the opposing party."].) Second, plaintiff fails to show a likelihood of prevailing on the merits. Competent evidence demonstrates that defendants were not aware of plaintiff's lien when the underlying tort case was set...

Excerpt: ...form Partnership Act (RUPA). Corp. Code § 16101(11). Dissociation occurs upon "[t]he partnership's having notice of the partner's express will to withdraw as a partner or on a later date specified by the partner." (Id. § 16601(1).) Partnership dissolution occurs "[i]n a partnership at will, by the express will to dissolve and wind up the partnership business of at least half of the partners, including partners . . . who have dissociated within ...

Excerpt: ...Defendants 1850 Bryant Land LLC, Christopher Paul Foley, and Douglass Ross' motion for sanctions against Plaintiff Leiasa Beckam pursuant to Code of Civil Procedure section 128.7 is denied. Plaintiff's request for sanctions is denied. Defendants fail to carry their burden to show that Plaintiff filed the complaint primarily for an improper purpose, or that it is legally or factually frivolous. (Code Civ. Proc., § 128.7(b); see San Diegans for Op...

Excerpt: ...iffs and Vantage Maintenance. (See Code Civ. Proc., § 452; Compl., 2, 5, 9, 11.) Vantage Maintenance argues the allegations use boilerplate language, but at the outset of litigation, the amount of specificity in Plaintiffs' complaint adequately gives the Defendants notice of the issues. (See, e.g., Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451.) Similarly, at the pleading stage, Plaintiffs do not have to specifically name which ...

Excerpt: ...ted liability company doing business as Coast to Coast Manufacturing and substituted Stylex wherever Coast to Coast appeared in the cross‐complaint. According to its article of organization, Stylex did not exist until July 30, 2018. (RJN, Exh. 1.) The allegations in the cross‐complaint concern events that occurred in 2012 and 2013. (Cross‐Complaint 8, 14, 19, 20, 21.) The cross‐complaint does not properly allege facts to support successor...

Excerpt: ...d as to the negligence cause of action and denied as to the dangerous condition of public property cause of action. To maintain a cause of action under Gov't Code § 835 [dangerous condition of public property], plaintiff must show (1) that CCSF owned or maintained the property; (2) that the property was in a dangerous condition on the date of accident; (3) causation; (4) the dangerous condition created a reasonably foreseeable risk of the ki...

Excerpt: ...ly argues in the Instant Motion that Yelp as failed to comply with the Judge Schulman's Order. It is true that as of the time of the filing of the Motion, Yelp had not complied with Judge Schulman's Order. But this is because, as of the fling of the Instant Motion, on July 23, 2019, the action was stayed pending a decision by the California Court of Appeal. The Court of Appeal decided the issue on September 5, 2019, denying Yelp's req...

Excerpt: ...mitted In Support Of Opposition To Plaintiffs Motion For Summary Adjudication Under Seal. Defendant Bamdad Behnood's motion for a sealing order is denied without prejudice. Behnood moves to seal 16 documents related to a summary adjudication motion in their entirety. However, Behnood fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: CRC 2.550(d) requires showing...

Excerpt: ...verage under the homeowner's policy's abuse exclusion. The moving papers only mention the "Molestation, Abuse or Corporal Punishment" exclusion in a footnote and there is no argument or adduced facts in the moving papers regarding how that exclusion applies in this case. The court concludes that the moving papers did not properly raise the issue regarding whether the abuse exclusion applies. Defendant fails to shift the burden on ...

Excerpt: ...e, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to s...

Excerpt: ...prejudice. Defendant insurers were granted summary judgment against Motiva on August 26, 2019. Motiva has moved to seal essentially all of the "unredacted" summary judgment papers in their entirety, which would leave the public with access only to "redacted" versions of those papers. However, Motiva fails to make the showings that would allow the court to enter the express factual findings required. (CRC 2.550(d).) Two examples: C...

Excerpt: ..."to the extent" a request seeks irrelevant or privileged documents are particularly problematic because it is not clear whether any documents are being withheld based on a claim of relevance or privilege. Any claim of privilege must be supported by a privilege log. CCP 2031.240(b)(2), (c)(1); Catalina Island Yacht Club v. Sup. Ct. (2015) 242 Cal.App.4th 116, 1130. Turning to the requests at issue. RFPs 1, 2, 3) Granted ‐ Roam shall supp...

Excerpt: ...onably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at Foster Lumber in Vallejo, California. (Defendant's Ex. C at 2; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the co...

Excerpt: ...igible allegations and evidentiary material purportedly giving rise to 18 different causes of action against Mr. Chandler, who owns a unit in a four‐unit building in which plaintiff Gurson S. Dang (who is representing himself in pro per) owns a second unit. Despite prior orders granting plaintiff leave to amend, the complaint still fails to allege facts sufficient to state any cause of action and is uncertain (ambiguous and unintelligible). The...

Excerpt: ...a pedestrian in a crosswalk, causing severe injuries." Plaintiff also alleges that defendant has multiple moving violations. Those allegations are insufficient to state a cognizable basis for an award of punitive damages. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements stated in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been gu...

Excerpt: ...e for the quality and nature of the work performed, and that not all of the time spent by plaintiff's counsel was "necessarily expended" to enforce defendant's liability under the Rosenthal Fair Debt Collection Practices Act. (Civ. Code § 1788.30(c).) This finding is based on the Court's review of the record and of counsel's time records, taking into account among other things counsel's expertise in the subject matter...

Excerpt: ... CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulatio...

Excerpt: ...pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court declines to judicially notice the findings, conclusions, and decision of the hearing officer at the prior substitution hearing or Redwood's hearing brief in connection with that hearing. DPR has not shown that the factual findings in the prior Public Contract Code section 4107 hearing are properly ...

Excerpt: ...ptember 13, 2019 is granted, and the September 30, 2019 trial date is vacated. This action was filed on February 28, 2018. Hayden was first named in the second amended complaint filed on July 11, 2019, and was served on August 7, 2019. On September 6, 2019, Hayden retained counsel to represent it, who immediately contacted plaintiff's counsel and requested a 30‐day extension of time to respond to the complaint on its behalf, and also sugges...

Excerpt: ...ions must have evidentiary support or are likely to have such support. The record shows that although the parties contemplated that Murry would become a shareholder in the future, going so far as to change the name of the firm and enter into an interim stock purchase agreement, at all times the law firm was a professional corporation and Murry never actually became a de jure shareholder. (Cohorn Decl., Exs. A ‐ E.) The corporate minutes, signed...

Excerpt: ...ts' demurrer to the fraud cause of action. Defendants' motion to strike plaintiff's request for attorney's fees is denied. Code of Civil Procedure § 1021.5 authorizes an award of attorney's fees to successful parties in actions that have "resulted in the enforcement of an important right affecting the public interest." It is essential to such an award that "a significant benefit, whether pecuniary or nonpecuniary,...

Excerpt: ...llegations of fact in the complaint as well as facts which may be inferred from those expressly alleged. (Mez Industries, Inc. v. Pacific Nat. Ins. Co. (1999) 76 Cal.App.4th 856.) Defendant improperly alleges facts regarding Bhawana Thai Massage, LLC, that are not found in the SAC and as to which defendant has not properly sought judicial notice. (See Code Civ. Proc., § 430.70; Cal. R. Ct. 3.1306(c).) Plaintiff was granted leave to amend in orde...

Excerpt: ...Caritas notes, plaintiff Anthony Videau's opposing separate statement does not comply with CRC 3.1350. The document improperly excludes Caritas' evidentiary citations and largely fails to cite opposing evidence to try to create triable issues. This alone is "sufficient ground" to grant the motion. (CCP §437c(b)(3).) But Videau's claims also fail on the merits. Videau signed on‐duty meal period agreements on May 18, 2012, Au...

Excerpt: ...f California, Inc.'s Motion for Summary Judgment is denied. Defendant withdrew its motion as to summary adjudication on punitive damages. Defendant failed to sustain its initial burden of demonstrating that plaintiff does not possess and cannot reasonably obtain evidence that Plaintiff Richard Travalini was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 82...

Excerpt: ...tiffs do not possess and cannot reasonably obtain evidence that Plaintiff Rosalyn Johnston was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) That Plaintiff Roderick Johnston's co‐ workers Thomas O'Mahoney, Timothy O'Mahoney, and Leonard Williams lack personal knowledge regarding the asbestos content of gaskets, packing, and valves they tes...

Excerpt: ...NT TIJUANA'S PRODUCE, INC.'s Motion Seeking To Change Venue. Defendant Tijuana's Produce, Inc.'s motion to change venue under Code Civ. Proc. § 397(c) is denied. Section 397(c) is discretionary, and permits transfer from one proper county to another proper county when "the convenience of witnesses and the ends of justice would be promoted by the change." The burden is on the party seeking a change of venue to prove that b...

Excerpt: ...ro Tem Judge James Fleming, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide t...

Excerpt: ...each of contract, and common count. The first cause of action for contract reformation fails because Civil Code section 3399 is inapplicable. Section 3399 is used to reform a contract to reflect the shared intent of the parties at the time the contract was formed. (Civ. Code § 3399; see Shupe v. Nelson (1967) 254 Cal.App.2d 693, 700 ["[T]he contract may be reformed to express a single intention entertained by both parties. Although a court o...

Excerpt: ...tion of the judge pro tem is adopted. Defendant Talesun Solar USA Ltd.'s motion for judicial determination of Martifer‐Silverado Fund I, LLC's attorney‐client privilege is granted on the ground that Plaintiff waived the attorney‐client privilege with respect to the email in question by failing to object to questioning of Mr. Isern about that document during the first day of his deposition on July 11, 2018, and by failing to request ...

Excerpt: ...ntingent Worker Agreement between plaintiff and Matrix Resources, Inc. was limited to "any dispute that arises out of or relates to [plaintiff's] assignment with the Bank." That assignment terminated on October 23, 2017, when plaintiff accepted an offer of employment extended to her by Bank of the West. (Cohen Decl., Ex. B.) That offer contained an express integration clause in which plaintiff acknowledged, "there are no other agr...

Excerpt: ...o Tem Judge Roger Mead, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the m...

Excerpt: ...rrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the ...

Excerpt: ...c., § 439.) Defendant's main argument is that the alleged oral agreement is barred under the statute of frauds. (Code Civ. Proc., § 1624.) Plaintiff did not respond to this argument in its opposition. A contract that by its terms is not to be performed within a year from the making is invalid, unless in writing. (Code Civ. Proc., § 1624, subd. (a); see Lacy v. Bennett (1962) 207 Cal.App.2d 796, 809 ["The terms of the oral agreement may...

Excerpt: ... cause of action for quantum meruit is denied. "[A]s a matter of law, a quasi-contract action for unjust enrichment does not lie where, as here, express binding agreements exist and define the parties' rights." (California Medical Association, Inc. v. Aetna US Healthcare of California, Inc. (2001) 94 Cal.App.4th 151, 172 [trial court properly sustained without leave to amend demurrer to quasi-contract claim for reasonable value of ser...

Excerpt: ...suant to a jury award was entered against defendant Sally Liu in the total amount of $48,967.00. On the same date, the Court granted plaintiffs' motion for attorney's fees and costs against defendant pursuant to San Francisco Rent Ordinance section 37.10B, which provides, "a prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court." The award was in the amount of $22,750 for att...

Excerpt: ...34;MAPP") Rules. Delta contends that they are part of the parties' agreement and are not reasonably subject to dispute. (Evid. Code, § 452(h); Delta's Request for Judicial Notice, 1:5‐10.) However, the court cannot take judicial notice of a private contract where the parties dispute its terms or applicability. (See Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145 ["we hold the existence of a contract be...

Excerpt: ... $5,940. [For Entry Of Tentative Ruling <0050004500480055000300 000f0003002f004c0051[e 3, DEFENDANTS ADAMAS BUILDERS INC., TONY DIGIORNO, ADAMAS DEVELOPMENT, LLC, UNION AND POLK PARTNERS, LP, ANDREW BROUGHTON's Motion 1-To Compel Plaintiff Keehae Park's Appearance For Deposition, 2-To Compel Further Answers At Ms. Park's Deposition, 3-To Limit Plaintiff's Counsel To Objections Based On Privilege, And 4-For Monetary Sanctions Again...

Excerpt: ...r. Pro Tem Judge Maxwell Pritt, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will deci...

Excerpt: ...d to allege alter ego liability. The court previously overruled defendant Javelin Logistics Company, Inc.'s demurrer because plaintiff alleges facts regarding successor liability. (First Amended Complaint, Paras. 31‐34 and 38; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 753 [successor corporation can be liable where "the transaction amounts to a consolidation or merger of the two corporations&...

Excerpt: ...7c(f)(1); see Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 92 ["a claim for punitive damages is one of the substantive areas which is properly the subject of a motion for summary adjudication."].) In general, punitive damages may be awarded on a claim for intentional discrimination in an appropriate case. (See Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1147‐1148 ["The FEHA does not itself authorize punitive damage...

Excerpt: ...ed in the general punitive damage statute, Civil Code section 3294, including allegations that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294(a).) "Malice" is defined as conduct "intended by the defendant to cause injury to plaintiff, or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." (Civ. Code § 3294(c)(1).) Abs...

Excerpt: ...nate the risk of inconsistent factual determinations that could prejudice the insured, a stay of the declaratory relief action pending resolution of the third party suit is appropriate when the coverage question turns on facts to be litigated in the underlying action." (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 301.) Although the classic case under Montrose is a situation where an insurer can undermine the defense of its...

Excerpt: ...f Veronica McCluskey's motion to lift stay, which the Court granted by order dated August 8, 2019, was both factually and legally frivolous. In particular, the Court finds that plaintiff's contention that defendants were in "default" in the arbitration proceedings was entirely lacking in either evidentiary or legal support. In fact, as set forth in the order, and as was fully known to plaintiff's counsel, the American Arbitrat...

Excerpt: ... bringing a legal action or proceeding against any other party arising out of or relating to this Agreement must bring the legal action or proceeding in the United States District Court for the District of Utah or in any court of the state of Utah sitting in Salt Lake City." Further, all parties waived any objection "to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court ...

Excerpt: ...dentified in the Court's orders sustaining demurrers to those complaints with leave to amend. The claims for defamation alleged in Paragraphs 12, 13, 17, and 18 of the SAC are time‐barred. (Code Civ. Proc. § 340(c).) Those claims also fail to allege with specificity the words which constituted the alleged defamation, as do the undated (and unauthorized) allegations of slander in paragraphs 15 and 16. The claim for alleged slander in Paragr...

Excerpt: ...is conditional consent was vitiated when defendant physician did not communicate all the information necessary to consent to surgery. (See Compl. 39‐40, 63‐66.) The allegations do not support a claim for battery against Dr. Cinar and Dr. Hirose because plaintiff does not allege that his consent was predicated upon any condition. When a doctor fails to meet his due care duty to disclose pertinent information, the action should be pleaded in ne...

Excerpt: ...gues that Defendant waived its right to compel arbitration. Determination of waiver is a question of fact, not to be lightly inferred. (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195.) The party who resists arbitration carries a heavy burden of proof and doubts regarding a waiver allegation should be resolved in favor of arbitration. (Id.) As Plaintiff acknowledges, courts consider the following factors when det...

Excerpt: ...nt facts to support a claim under the unfair and unlawful prongs. With regard to a fraud prong claim, "[m]ost courts have concluded that Plaintiffs must allege their own reliance on the alleged misrepresentations, rather than the reliance of third parties." (Taxi Coop., Inc. v. Uber Techs., Inc., 114 F.Supp.3d 852, 866 (N.D. Cal. 2015).) Plaintiff cannot do so in this case. An unfair and unlawful prong claim does not employ the same relia...

Excerpt: ...laim against CCSF and plaintiff fails to highlight a statutory basis to support the claim in compliance with Gov't Code § 815. In C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 865‐866, the California Supreme Court found that a school district may be vicariously liable under Gov't Code § 815.2 for the negligent supervision of its administrators despite the restrictions of the California Tort Claims Act. Accordi...

Excerpt: ... following tentative ruling: The Motion is granted in part, with supplemental briefing and a continued hearing required: Plaintiff is in violation of the Court's October 16, 2018 Order Re Discovery (Ex A to Moss Declaration). Plaintiff, in pro per, is advised that the prospect of settlement, while perhaps desirable, in no way affects the trial date or her obligations as a litigant to respond under oath in writing to written discovery requests...

Excerpt: ...from defendant is granted on the following conditions: (1) the Court will enter the parties' stipulated confidentiality order, which the parties shall submit at or prior to the hearing; (2) the City shall produce the body worn camera videos, without further redactions, and shall designate those portions of the videos that it contends are entitled to confidential treatment under applicable law; (3) the City shall provide a description of any c...

Excerpt: ...es: 1. Does plaintiff's undisputed status as a temporary employee (UMF 3‐6) preclude her claims? (See Jenkins v. County of Riverside (2006) 138 Cal.App.4th 593, 616‐617 [trial court properly granted summary judgment on FEHA claim by plaintiff, who worked more than the 1,040 hours allowed to a temporary employee]; see also Scotch v. Art Institute of California (2009) 173 Cal.App.4th 986, 994 [plaintiff's proposed accommodation "amo...

Excerpt: ...in its initial burden of demonstrating that plaintiffs do not possess and cannot reasonably obtain evidence that decedent Robert Douglas was exposed to asbestos‐containing products or materials attributable to defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) It cannot be inferred that Plaintiff Steven Douglas would have been unable to recognize F.W. Spencer where no follow up questions were asked. (see Weber v. John Crane, ...

Excerpt: ...9;s December 11, 2018 Code of Civil Procedure section 998 offer, which plaintiff accepted on January 15, 2019, defendant offered "to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code section 1794(b) as stipulated by the parties or, if the parties cannot agree, upon motion to the Court having jurisdiction over this action." (Cutler Decl., Ex. 4.) Despite the emphasized language, pla...

Excerpt: ...vil Procedure § 430.10(c) is overruled. Such a plea in abatement requires an "absolute identity of parties [and] causes of action." (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788; Childs v. Eltinge (1973) 29 Cal.App.3d 843, 848 ["a demurrer may be sustained on the ground that another cause of action is pending only when the parties in the two cases are identical and the cause of action and issues in the two ...

Excerpt: ... the duty to defend that render Brandt fees recoverable. Pleading the ultimate facts of intentional wrongdoing coupled with pleading of the statutory requirements for punitive damages suffices to support a claim for punitive damages. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 7.) Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the...

Excerpt: ...n assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given ...

Excerpt: ...RC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation ...

Excerpt: ...onetary Sanctions. Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro...

Excerpt: ...he requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears ...

Excerpt: ...ernative, To Exclude Williams From Testifying At Trial (Part 1 of 2). Pro Tem Judge Adrienne Rogers, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may <0003005700520003005700 005100030056004c004a>n the stipulation, the hearing ...

Excerpt: ...laims for sexual harassment, assault and battery, and sexual battery. In her original unverified complaint, filed on November 29, 2017, plaintiff alleged that throughout her employment from June 2014 until she was terminated on March 30, 2017, her supervisor, defendant John Brekke, subjected her to unwelcome physical contact, including hugging, kissing, touching, and sexual suggestive communications and contact. (Complaint, 7.) She alleged this h...

Excerpt: ...ember of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authori...

Excerpt: ...ri & Jung LLP, Feldman Gale, and Cozen O'Connor) is granted, without prejudice to the issuance of new subpoenas that do not seek production of information protected from disclosure by the attorney‐client privilege and/or the attorney work product doctrine. (See generally Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 293‐300; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal.App.5th ...

Excerpt: ...ns Advancing Justice ‐ Asian Law Caucus, Council on American‐ Islamic Relations, California, and American Civil Liberties Union of Northern California's motion for peremptory writ of mandate is denied. Petitioners seek to compel disclosure of a white paper authored by the Federal Bureau of Investigation (FBI) which "provides clarification and understanding" of the Joint Terrorism Task Force‐San Francisco Police Department Memora...

Excerpt: ...rminating sanctions for discovery misuse is granted. As the report recites, over a period of more than 9 months, plaintiffs Robert Stang and Luigi Di Ruocco failed to respond to discovery requests properly served on them, ignored defendants' repeated communications requesting that they comply, failed to oppose six motions to compel, and then disregarded orders of the court granting those motions and requiring them to serve discovery responses...

Excerpt: ...ions In The Amount Of $5,800.75 (Part 1 of 2). Pro Tem Judge Chuck Geerhart, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will p...

Excerpt: ...5 days after service of written notice of entry judgment]; Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 337 ["the trial court loses jurisdiction to hear a new trial motion if no notice of intent is filed within 15 days of the mailing or service of notice of entry of judgment"].) Judgment was entered on June 12, 2019 and notice of entry of judgment was served on plaintiff by electronic mail on June 19, 2019, but the motion was n...

Excerpt: ...Discovery Requests, And For Sanctions (part 1 of 2) Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing ...

Excerpt: ...ckholders (Corp. Code §309(a)), but Lujan cites no authority holding that such a duty is owed to a co‐director. Lujan's reliance on PMC, Inc. v. Kadisha (2000) 78 Cal.App.4th 1368 is misplaced; a director's liability for his tortious acts to third parties does not support the existence of a fiduciary duty to a co‐director. Lujan's claims for indemnity and contribution are time‐ barred by the two‐year statute of limitations. (...

Excerpt: ...is sustained without leave to amend. Both causes of action in plaintiffs' first amended complaint are precluded by the doctrine of legislative immunity, which bars actions against judicial officers when they act in a legislative capacity. Because the Court previously set forth its detailed analysis of this ground in its July 10, 2019 order denying plaintiffs' motion for a preliminary injunction, and plaintiffs rest entirely on their prior...

Excerpt: ...eave To Amend. Plaintiff NextArts's motion for relief regarding this Court's order sustaining defendants' demurrer to complaint without leave to amend is granted on the conditions that plaintiff's counsel (1) file the first amended complaint within 5 days of the Court's order and (2) pay defendants $1,500 to reimburse them for the costs they incurred in filing the demurrer and attending the hearing. Plaintiff's counsel fai...

Excerpt: ...ication (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only). (Continued from Part 1 of 2) Mr. Strateman's motion for summary adjudication is denied on the conversion, unjust enrichment, and accounting causes of action. The conversion and unjust enrichment causes of action can be based on the alleged improper salary draw. Defendant Jamie Strateman's motion for summary judgment is denied. As explained in the companion motion, defen...

Excerpt: ...ause of action under the Act. (See Carter v. Prime Healthcare Paradise Valley LLC, 198 Cal.App.4th at 406-407 [elements of cause of action include that the defendant (1) had responsibility for meeting the basic needs of the elder, such as medical care; (2) knew of conditions that made the elder unable to provide for her own basic needs; and (3) denied or withheld services necessary to meet the elder's basic needs, either with knowledge that i...

Excerpt: ...le in the sale of bikes like the one that allegedly injured Ms. Goldblatt. They are granted leave to amend to add such allegations and to clarify how Velofix Holdings specifically is connected to the bicycle enterprise and how it owed a duty to Ms. Goldblatt. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative r...

Excerpt: ...en assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given...

Excerpt: ...im that warrants sanctions is one that is "totally and completely without merit or for the sole purpose of harassing an opposing party." (Code Civ. Proc., § 128.5(b)(2).) Defendant fails to show that the claims in plaintiff's first amended complaint meet that standard. It appears that the parties have a good faith dispute regarding whether plaintiff was supposed to receive actual stock certificates, whether plaintiff was apprised of ...

Excerpt: ...leave to file first amended complaint is denied. Plaintiffs did not file this motion until after Defendants had filed their pending motions for summary judgment and the Court had granted Plaintiffs' motion for trial preference and advanced the trial date to October 15, 2019. Further, Plaintiffs admit that the reason for their motion is to attempt to meet Defendants' arguments in their motions for summary judgment, which were filed in late...

Excerpt: ...o file second amended complaint is denied. Contrary to Plaintiffs' assertion that the proposed amendments are based on facts they only recently learned in discovery, Defendants' showing establishes that Plaintiffs have been aware of many if not most of those facts since 2013 and 2014, and indeed that Plaintiffs previously attested to many of them in verified discovery responses more than one year ago. Further, the case was originally file...

Excerpt: ...rald Niesar, And Oscar Escobars Renewed Motion For Summary Judgment Against Plaintiff Buenofrio, Inc. (Part 2 Of 2 For Purposes Of Entry Of Tentative Ruling Only) (Continued from Part 1 of 2) Defendant fails to show that Buenofrio Inc. waived its claims. Buenofrio, Inc. agreed to waive claims against "the Business, the Acquired Assets, Purchaser, any of Purchaser's affiliates . . . , and agreed not to bring any actions or claims "agai...